Winter Soldier

"Winter Soldier," Mike Prysner speaking, music by Prayers for Atheists.

Film the Police

Streamer Journalist Code of Ethics

Streamer Journalist Code of Ethics

This is a Code of Ethics for journalists who work as live streamers at events such as protests.  It originated in the Occupy movement.  It was written by @Cross_X-Bones, a highly experienced streamer journalist from Occupy Los Angeles.  He got input from @PMBeers, who has covered a tremendous number of Occupy events, including overnight camping occupations on the streets of Los Angeles.  Also contributing was @Rebelutionary_Z of Chicago, who has streamed protests in Chicago and nationwide, including 2012 NATO in Chicago.  The document itself can be found below and also at:  https://docs.google.com/document/d/1nwX_bLxV1hZU93YGtwx-6ijU1B7Ojq36ZVwZHBuPvn4/edit

As you read the Code of Ethics, please notice the care and detail that have gone into it.  Live streamers are a crucial element of today's Freedom of Assembly.  The live streamers provide a witnessing element so those not present can participate. They also give a protective element in providing evidence of what really happened.  Live streamer footage has been used in numerous court cases nationwide as evidence for the defendants.  Live streamers are truly independent media makers.  

Live streamer footage provided much evidence for the U.S. leg of the  OSCE ODIHR Report on Monitoring of Freedom of Peaceful Assembly in Selected OSCE Participating States May 2011- June 2012.  This is a study with which I assisted.   In the U.S., the study covered the 2012 NATO Protest in Chicago, the 2012 G8 Protest near Camp David in Maryland, Occupy Wall Street New York City, Occupy Los Angeles, Occupy Oakland, and Occupy Chicago.  In each location, ample video footage was provided by live streamers, making this perhaps the first study of human rights in protest that was backed up by audio and video live on-site documentation.

The importance of live streamers to human rights in public assembly cannot be overstated.  Live streamers are crucial to our democracy and freedoms.  These people have voluntarily undertaken this important role in our society.  They do so at their own expense and with the help of donations from viewers.  Below are the Guidelines they have set out for themselves.  You will see they expect a lot of themselves and their fellow live streamers.   

Streamer Journalist

Code of Ethics

Preamble

The act of streaming may be used for journalism, documentation of controversial events or for entertainment purposes. Streaming can provide personal protection when involved in situations that may have legal implications. Those engaged in one or more of these activities may be a considered a Streamer or a Citizen Journalist. Due to the many categories of streaming, as well as differing journalistic styles, which may include advocacy journalism and gonzo journalism, the technique is sometimes treated with contempt by law enforcement as well as the traditional journalistic community.

One who is claiming to be a Streamer Journalist needs to operate under the established journalistic framework despite possibly using streaming for other purposes. It would behoove a Streamer Journalist to adhere to a code of ethics to that will establish a recognized credibility.

The rise of Streamer Journalism represent a need for public information in a journalistic landscape that is either unable or refuses to report on relevant events in an unedited way. Complete coverage of under-reported news is needed in order for a free, open, transparent and fair society to exist. Streamer Journalists therefore must hold themselves to the highest journalistic standards when streaming or reporting on events and should do so with the principles of Vigilance, Honesty, Fairness, Courage, Compassion, Respect, Integrity, Accountability and Humility.

This document represents a Code of Ethics that adherents can uniformly adopt to insure journalistic credibility as well as a framework under which one can make ethical decisions.

Principle of Vigilance

Vigilance keeps the Streamer's news reporting relevant.

Streamers should:

• Be clear about what is verifiable information, and what is speculation. Information moves quickly, but so do rumors.
• State sources of information so that they may be independently verified.
• Give the public open access to governmental and authority conduct.
• Persist in holding those with power accountable for their actions.
• Seek truth no matter where it lies, but do so with respect, and compassion.

Principle of Honesty

Honesty helps the Streamer build credibility.

Streamers should:

• Represent biases truthfully to give proper context.
• Avoid highlighting, editing, or recording footage in a way that removes proper context, or distorts events.
• Make a clear distinction between advocacy, opinion, and news. This clarifies the context with which such comments should be understood. Do not misrepresent which is being given.
• Properly attribute all broadcasted or mirrored footage. Only use this footage based on the licensing terms of originator.
• Keep all journalistic promises.
• Visibly show when streaming video or audio in all but the most extreme circumstances. If hiding streaming, make sure that the reason for doing so is made clear.
• Cover a diverse set of opinions during an event even if those opinions are not popular.

Principle of Fairness

Fairness allows a Streamer to protect credibility by acknowledging bias.

Streamers should:

• Recognize differences in values and keep from judging other's values.
• Give equal opportunity to unofficial sources of information to be heard.
• Avoid loaded language and belittling commentary, and let facts stand for themselves.
• Avoid stereotypes, especially in regards to race, gender, age, religion, ethnicity, geography, sexual orientation, disability, physical appearance, economic or social status, and political or ideological beliefs.

Principle of Courage

Courage helps keep the Streamer's news noble.

Streamers should:

• Report honestly in the face of coercion.
• Balance a need for personal protection with the need to report on events which may be physically, emotionally, or mentally threatening.
• Stand up for journalistic principles and ethics.
• Protect sources from intimidation.

Principle of Compassion

Compassion helps keep the Streamer's news reporting viable.

Streamers should:

• Be compassionate to those who may be negatively affected in the course of covering the news. Be even more sensitive to those who may be emotionally compromised in understanding the events in which they are exposed to, especially children and the mentally ill.
• Be aware of the impact that the presence of a stream may have on those grieving or dealing with tragic events.
• Be understanding when reporting on issues that may cause harm or make others feel uncomfortable.
• Avoid getting information that is not news worthy when it's only function is entertainment at the expense of others. In the course of covering news one may capture personal moments that are unrelated to the event. Under these circumstances editing archived coverage may be permissible.

Principle of Respect

Respect allows a Streamer continued access to communities, organizations, and individuals.

Streamers should:

• Encourage open discourse, even when the views may seem difficult to agree with.
• Respect a source’s wishes to be anonymous, but be aware of the source's possible motives.
• Be respectful by not identifying a victim of a crime unless allowed to do so. Especially if this may cause them unwanted attention or trauma.
• Refrain from identifying or accusing someone, by name, who may be involved in illegal activities, especially prior to formal charges being made. Use aliases or identifying characteristics instead.
• Respect the private individual's rights to privacy over those who are in power or act as public representatives.
• Balance an individual’s right to a fair treatment and the need to inform the public.
• Respect the right to privacy for those who are receiving medical treatment.

Principle of Integrity

Integrity allows a Streamer to operate without destroying credibility.

Streamers should:

• Openly and quickly disclose potential or real conflicts of interest. Avoid all unnecessary conflicts of interest.
• Be transparent and reveal biases when involved in actions, activities, and associations  which may cause others to questions journalistic intentions.
• Disclose all gifts, favors, free travel, donations when contributed by individuals or organizations whenever possible as they could hurt credibility by representing a conflict of interest.
• Be honest about any political involvement, public office, community organizations or activism, as these may be conflicts of interest.
• Disclose all unavoidable conflicts of interest honestly and in a timely manner.
• Refuse all gifts, favors, free travel, donations when contributed by individuals or organizations if there is an expectation of special treatment or influence by those entities.
• Be careful when discussing equipment or services being used. This can appear to be advertising. Be clear if sponsored to use equipment or services, or if preferences exist for one over another. Refrain from saying negative things about another product or service.
• Be transparent about paying or giving favors to sources for information.

Principle of Accountability

Accountability assures participants, viewers, and sources that a Streamer holds true to all principles.

Streamers should:

• Provide all raw live footage in an open-source manner.

• Give explanations and invite participation on your stream and through other means about journalistic conduct.

• Encourage and listen to public grievances against the news. Try to improve when possible.

• Admit mistakes in a timely, honest, and open manner.

• Reveal any unethical institutional journalistic practices, but also try to hold to the highest standards in all journalistic actions. Do so with an eye toward restorative justice.

Principle of Humility

Humility provides a Streamer a continued place in the emerging social media news community.

Streamers should:

• Acknowledge the contributions of sources, participants, viewers, and other journalists.

• Balance the need for competition with the need for cooperation.

• Not overstate accomplishments.

• Help others learn about the streaming medium.

Legal Checklist for Apps, Websites, and SaaS

Legal Checklist for Apps, Websites, and SaaS

by Sue Basko

If you are developing an app, starting a website, or planning to run a software as a service site, your project has special legal needs.  Legal work should be included in your budget. You should have a lawyer working with you from the earliest phases of your project and on through the life of the business.

One of the first major things to consider is coming up with a name that can be trademarked.  This is crucial.  Facebook would not be what it is without the trademarked name Facebook, and all its other trademarks, including the like icon and that particular shade of blue and the word face when used to denote a social website.  Twitter started out as Twittr and had to wait to acquire the Twitter name from a previous owner.

You should work closely with a trademark lawyer to help you pick a name that can be trademarked.  When I do this kind of work, I search databases and the internet.  I combine what I find with my knowledge of trademark law to assess whether  proposed name is likely to be able to be registered as a trademark for the goods or services it is to denote.  To be registerable as a trademark, a name has to meet many requirements, including not creating confusion with other trademarks.

A registered trademark is a key component of a successful business. Most successful businesses start off with one registered trademark and move on to acquire many more.  For example, Guitar Center is registered as a trademark for stores, but also has many more trademarks and categories for the website and various services.

Don’t come up with the name first and simply hope you will be able to register trademark on it. You can waste huge amounts of money on legal filings, products, packaging, advertising, etc., that you then must pay to do over again.  Instead, work with a lawyer from the get-go in choosing a name.

Apps, SaaS and websites need a catchy, easy-to-spell, and unmistakable name.  Preferably, you will be able to get a matching domain name, facebook page, twitter account and registered trademark.  This is no small accomplishment. 

Once the name has been chosen, have it registered by a trademark lawyer. The process takes about one year, but dibs on the name refer back to the date of filing.  Don’t try to register trademark on your own or using one of those do-it-yourself websites. There are many phases of the trademark process and making the application is just the beginning.  The Trademark Office database is overwhelmingly stuffed with dead trademark registrations that failed because the do-it-yourselfer did not know how to handle the challenges from the examiner that inevitable come 6 – 8 months into the process.  Just have a lawyer do it.

The next consideration is getting a patent or copyright on your app, or web service.  You also need a lawyer to do this. If yours cannot be patented, you need to consider if you are violating someone else’s patent and if so, do you need to get licensing from them. 

Next, you will have your app or site and you will need design.  That can be copyrighted. Any elements such as music or pictures must be licensed from the copyright owners, or must be created specially for you under  a work for hire contract.  You must have a lawyer draft that for you.

Next to consider is how you will collect money, taxes, and possibly import or export fees.  If you cannot afford yet to build your own store, you will probably be selling off a pre-built store such as one by paypal, or selling on an existing site, such as Itunes.  To sell off Itunes, you become a content provider. That’s something else where you can use legal help.

Next to consider are privacy laws.   Also, if your product or service will allow users under age 13, you need to follow a very special set of rules regarding information gathering and use.

The next huge consideration is the Terms Of Service or Terms of Service and Use. The TOSU forms a binding contract between the service and the user.  It must be written by a lawyer.  Each TOSU will be different, according to the factors involved in that website, app, or SaaS.  Most limit future legal costs by mandating binding arbitration as the ultimate dispute resolution and having the users revoke any right to class action suits.  The TOSU will also specify ownership and usage of materials on the site and of those placed on the site by the users.  The TOSU will also list acceptable and unacceptable behaviors and uses.   The TOSU will usually reserve the right to revoke permission to use the site at any time for any or no reason.

Another legal consideration involves registering an agent with the DMCA list.   In addition, Help and Remedies should be made available. These will grow with time and usage.  There should always be a way for Users to contact the site.

All of these legal needs will grow as the website or app grows in usage.  As problems arise, the TOSU will be tweaked by your lawyer to reflect those topics.  New trademarks will be acquired, new services may be offered.

There will always be legal issues that arise in any business, and especially in a software-based business.  You will always need good lawyers to help you.   You should consider this a crucial part of your budgeting and planning, right from the start.           

Filing a Complaint with the FCC

Filing a Complaint with the FCC

by Sue Basko

You can easily file an online informal complaint with the FCC at: http://www.fcc.gov/complaints

The complaint topics range from signal jammers, caller ID spoofers,  loud commercials, to indecent programming.  Below is a listing of the complaint categories available on the online form.  To make your complaint on the form page, just click on the category and click Next at the bottom of the page and follow along till completed.

Tower Light Outages or Signal Interference

• Tower Light outages
• Hindrance to a public safety service or device by a communications service or device
• Problems completing 911 calls
• Cell Phone, GPS, and Wi-Fi jammers
• Other jammers
• Narrowbanding

Wireless Telephone

• Telemarketing (including Do-Not-Call)
• Prerecorded messages
• Billing
• Service
• Privacy
• Identity theft
• Disability access
• Number portability
• Unlawful advertising
• 911 calls
• Tower Light outages
• Signal interference to other devices
• Cell phone jammers
• Rural Call Completion

 

Broadband Service and VOIP

• Unsolicited emails on cellular phone
• Billing
• Service
• Availability
• Number portability
• Unlawful advertising
• Disability access
• 911 calls

Broadcast (TV and Radio), Cable, and Satellite Issues

• Obscene or indecent programs
• Unlawful or illegal advertising
• Disability access
• Emergency alerts
• Unauthorized/unfair/biased/illegal broadcasts
• Cable modem or signal issues
• DTV issues
• CableCARD issues
• Loud Commercials

Wired Telephone

• "Slamming," which occurs when your authorized wireline telephone company for local, local toll or long distance service is switched without your permission.
• Telemarketing (including Do-Not-Call)
• Prerecorded messages
• Billing
• Service
• Privacy
• Identity theft
• Disability access
• Number portability
• Equipment
• Unlawful advertising
• Rural Call Completion

Disability Access to Communications Services and Equipment

• Video Description
• Closed Captioning on Television
• IP Closed Captioning
• Telecommunications Relay Services (TRS)
• Section 255: Telecommunications Services and Equipment Accessibility
• Hearing aid compatibility
• Emergency broadcast information
• Visual Description

Junk Fax

• Unwanted/unsolicited fax to your residential or business fax machine

Telemarketing, Prerecorded Messages, Caller ID Spoofing, and Do-Not-Call

• Do-Not-Call
• Wireless spam
• Calls or messages to residential lines, business lines, wireless devices, emergency lines, patient rooms, and toll-free numbers
• Calls that provide a false or "spoofed" incoming phone number on the caller ID display

Dot Gov: Beware of Fake Government Websites

Dot Gov: Beware of Fake Government Websites 

.gov vs .com 

by Sue Basko

Many government websites use the .gov extension.  If you go to the same URL name, but with a .com ending, you will usually find a for-profit business that looks official and is selling services or products related to the topic of the government site. This can be misleading, because you can end out paying a lot of money for something that would have been free.  In some instances, the look-alike URLs may be selling worthwhile services.  The important thing is that you, as a user, should know if you are dealing with a government site or with a company trying to sell you their wares.   Always remember: .gov is where you will find the real, official government site.

Examples - Dot Gov versus Dot Com:

FAFSA.gov is the Free Application for Federal Student Aid.  It will also come up as FAFSA.ed.gov  This is where you can fill out the free, no charge application for college and university student financial grants, loans and employment.

FAFSA.com is a for-profit service that helps you fill out the FAFSA form.  It looks very slick and professional and official.  But it is not the official, free FAFSA application.  Schools have financial aid offices that will help fill out the form if it is difficult for you. 

IRS.gov is the government’s site where you can get tax forms and information and file taxes.

IRS.com is a site that looks more “official” than the real IRS site.  It is run by Banks.com and provides official-looking links to many paid services.  Beware.

USPTO.gov is the government’s site for registering patents and trademarks.  The site has an e-filing portal as well as  database search.

USPTO.com is a for-profit portal to many ads selling services and products related to patents, trademarks, and copyrights.

Copyright.gov is the official U.S. Copyright Office where you can register copyrights and search the database.

Copyright.com is a site for Copyright Clearance Center, an organization selling goods and services related to copyright. 

HUD.gov is the U.S. Department of Housing and Urban Development.  The site offers information on free and legal mortgage and foreclosure counseling, and many other services.

HUD.com is a site that charges the users to look at supposed HUD house listings.

WhiteHouse.gov is the official website of the White House and President Obama.  Users can send a message to the President, get on an email list to receive White House emails, and find the latest causes and concerns of the President.

WhiteHouse.com is a website that gives links to ads about tours in Washington, D.C.,  but mainly features links to ads on how to find a Russian bride, Latino women, and other such ridiculous matching ads.   If you accidentally got on this page and thought the President was concerned for finding you a hot Latina bride, sorry, not likely.

Federal Computer Crime Laws, more info/ Why I Write About Computer Law

Federal Computer Crime Laws, more info/

Why I Write About Computer Law

by Sue Basko

See: Federal Computer Crime Laws

In the last blog post, I listed Federal Crimes and the legal code sections under which they are actually prosecuted by the federal prosecutors.  This information is direct from the prosecutorial handbooks. I did not research these myself, I simply cribbed what the prosecutors use. 

A young man on Twitter was questioning whether some of these laws pertain to computer usage.  I have not read all of them, but these are in fact the code sections applied by federal prosecutors who are assigned to bring evidence to a grand jury for an indictment and then later to prosecute the case.  The sections that I have read do apply to computers, often by referring to "electronic communications," "electronic transmissions," "telecommunications," and the like. 

The same young man also questioned how it is that he might possibly have broken federal law many times on Twitter and yet, he was still a Twitter user.  The answer for this is quite simple: Twitter is not enforcing the law.   That's not their job.  Twitter is only slightly responding to Abuse Reports.  It would be the FBI that would handle complaints of computer crimes such as stalking, threats, and obscenity that might take place on Twitter.

Also, please keep in mind that the FBI does not have power to remove things off of the internet, other than if it is a true national security concern.  Go onto Youtube and watch the Barrett Brown videos where he talks about his dealings with an FBI agent.  Barrett has been charged with various crimes based on the videos, but the videos remain up on Youtube.   Also, the Stratfor emails are online, but Jeremy Hammond sits in jail for allegedly hacking them.   There are many other similar examples.

WHY I PROVIDED THE COMPUTER CRIMES LIST:  I provided the computer crimes list and will provide more information on how the federal prosecutors are told to interpret the law in upcoming blog posts.  My reason for doing this is to inform people of REALITY.  Right now, I see infiltrators running certain groups on the internet and obviously trying to influence the followers into committing crimes. I noticed a few such leaders of entrapment groups mocking the blog post or mocking me, trying to diminish the truth or trying to discredit me.

These ridiculous people call me stupid, crazy, delusional, etc -- to try to discredit me because I am  presenting the young people online with what the law actually is.   I consider the people making those attempts to discredit my work to be pathetic, shills, selling their souls for a paycheck.  I want you to know the truth and am willing to tell you, even if it means I get called names by some wicked people who do not want you to know the truth because they want you to go to prison.  They want you to fill the cement cellblocks so that a corporation that runs prisons can have a bigger profit.  They want you to go to prison so they fill their own scorecard and get promoted on the job.  I am telling you the truth, so you can know what the law is and not be entrapped.  I want you to have information so you can make wise decisions.  You can do as you wish with the information, but I want you to have it.   

 I think our government should be TEACHING young people, NOT ENTRAPPING them.   And my effort at teaching them, at teaching you, is giving you the truth.  Unlike those whose jobs it is to entrap you, I have nothing to gain one way or the other.  But as a lawyer who cares deeply and truly about young people, I care if you get tricked or fooled into believing your actions are legal when they are not.

In the entrapment groups, they are surrounding you to try to make you feel like everyone is doing it, it is the cool thing to do, you will lose your friend circle if you don't participate. These are typical entrapment tricks that the "leaders" have been taught in special training. Please try to see if for what it is.  Consider whether you want to wreck your life to please some goofed-up character on the internet who collects his or her paycheck and lives a real life at the end of their shift of toying with you.